Law: Banking Companies Ordinance, 1962

Section: 41

Banking Companies Ordinance (LVII of 1962)--S.41(A)---Constitution of Pakistan (1973), Art.185(3)---Employee of a .private Bank---Termination from service--Proceedings under S.41(A) of Banking Companies Ordinance, 1962---Failure to fix period during which the Bank employee was to remain dissociate from the post---State Bank of Pakistan on the basis of proceedings under S.41(A) of Banking Companies Ordinance, 1962, recommended removal of the petitioner from the post of Manager---Petitioner was a Manager of a private Bank and in implementation of the order of State Bank of Pakistan, the Bank terminated the services of the petitioner---Contention of the petitioner was that the effect of order passed by State Bank of Pakistan was temporary dissociation of the petitioner with the post and not termination of his services, as girder of termination of service was not permissible under the law---Validity---Orders by State Bank of Pakistan, had been passed mechanically by using the expression and phrases embodied in S.41(A) of Banking Companies Ordinance, 1962, without giving any reason as to how, a particular act of the petitioner, mentioned in the charge-sheet, fell within the expression used in the section to justify order thereunder--- State Bank of Pakistan failed to fix period during which the order of dissociation of the petitioner would remain effective, as it was a mandatory requirement---Leave to appeal was granted by Supreme Court to consider the contention of the petitioner. ORDER MUNIR A. SHEIKH, J.-The petitioner seeks leave to, appeal against the judgment dated 26-11-2001 of the Lahore High Court whereby Constitutional petition filed by him has been dismissed. 2. The facts of the case for disposal. of this petition shortly stated are that the petitioner was working as Manager, Bridge Colony Branch, A.B.1. , Lahore when the State Bank of Pakistan decided to proceed against him under section 41(A) of the Banking Companies Ordinance, 1962 and issued interim order dated 3-8-2001 against him, followed by show-cause notice dated 4-8-2001. About the allegations, a report was submitted by respondent No.2 on 8-6-2001 and audit report was also submitted by…

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